Munish Kumar Garg
03 October 2009 at 19:15
Hello Sir
My client is a cable operator in the CITY and he is authorized to distribute/ telecast many channels that include COLORS CHANNEL, SONY etc and also he made agreement with the service providers for telecasting in the city. In this way my client is authorized to telecast the COLORS CHANNEL, SONY etc., and in the agreement made with the Channel Broadcasters he was authorized to take appropriate action if any unauthorized person distribute/ telecast the channels with their prior permission in the city.
As he got the information that person/ accused by tampering/ change the settings of the Set-top box (purchased by him in other 3rd person name of DISH TV network) transmits the channel in the city (the channels he transmit includes COLORS CHANNEL, SONY etc.) and he also telecast free to air channel by using Dish (total channel he telecasts is near about 60 channels). By tampering the Set-Top box he lease out connections in the different locality of the city on cheap rate basis and there is no record he made for distributing the channels. As per Cable Networks Act, a cable operator must be registered and then he can telecast the channels, but he does not even apply for registering himself till today as a cable operator under the Act.
NOTE: When we see the cable on our TV we sometimes notice that some code appears on the Screen (like this….. EJSJALLA7SA), as this code was the Subscriber card code which was embedded on every Set-Top Box Card which was inserted in the box and the Broadcaster sends the signal for verification that the set-top box is with the same user or not to whom they sell. But in this case what the accused had done, as he made some changes in the set-top box and the signal which the company sends was matched correctly with the box but that was not shown to the user who watches the cable at his home.
As he infringes the Copyright Act by transmitting the channels in the city under different sections of the above said Act. Actually what a cable operator to do for transmitting the channels he has to use the MODULATOR (it is device which breaks the encrypted channels in to decrypt form, which a cable operator receives from the CHANNEL BROADCASTER through satellite for transmitting the channel in the locality of the city). In my case what the accused had done he take the same process for transmitting the channels and he gets the channel to be distributed by passing through this MODULATOR device and as he infringes the Copyright Act.
The grievance I face by the act of the accused I made a complaint in the police and on this police made a Raid at one of the branch office of the accused and also I made a video of the raid which was conducted by the police. In my video I take the live video picture of the setup made by the accused for transmitting the channels and also the Set Top Box sets with the 3 dishes for receiving the signal from the broadcasters and the accused was taken in custody and he is on bail right now.
So what advice I want from the members in this site is that what more precautions like the documents, evidence for proving the offence and other Expert reports on different telecasting box/ parts. I have to take to make my case strong one and also if any member can refer me some good citations on this issue which I want as I am facing this one case first time, so I need good guidance in this case.
Also after he gets the bail he is still running the same illegal Cable Operator work in the city, so can anybody tell me that how can I restrict him from stopping the telecasting the cable in the city and what steps I have to take for heal up my lose.
Thanks
Member (Account Deleted)
02 October 2009 at 23:40
As part of my curriculum, I am gathering data on the topic of fair dealing in copyright. The questions are directed towards getting first hand information about issues related to the topic.
I sincerely request the experts panel to respond to this questionnaire to enable me to put together this research. Thanks in Advance.
Questionnaire
Question No. 1
Do you believe that the currently existing legal provisions and enforcement machinery in India pertaining to Copyright Law are adequate?
Yes, they are adequate
No, but they just about make the cut.
No, they need a complete overhaul to deal with the changed times.
Question No. 2
Do you believe that laws in India, specifically with regards to fair dealing in copyright law?
Yes, they are adequate
No, but they just about make the cut
No, they need a complete overhaul to deal with the changed times.
Question No. 3
Some countries keep the threshold of ‘Fair Use’ in certain copyrights to a maximum of 10% of the copyright work. Do you think this is a rationale distinction to determine fair use?
Yes
No
Question No. 4
If you feel that the ‘Fair Use’ doctrine in Copyright law needs improvement, what is the area that in your expert belief needs more improvement?
Legislative reforms – Like more specific legislation on the topic
Speedy and effective implementation – Stronger enforcement machinery with wider powers
Bigger and stronger administrative machinery to effectively deal with complaints
Other – Please specify
Question No. 5
Which area, in your expert opinion is the biggest area in which the ‘fair use’ doctrine is misused? (Either by copyright owner or alleged infringer)
Copyrighted written works (literary)
Copyrighted artistic works (news media, performance)
Copyrighted dramatic works (theater, movies etc.)
Any other (Please specify)
Question no. 6
Amongst the well known modes of fair use, which mode is the most used as defense by users of copyrighted work?
Research
Non-commercial use with acknowledge of copyright of owner
Imparting education
Criticism/Review of work
Contesting the copyright of the work itself
Contesting that alleged infringement involves application of mind and not a copy of previous work
Other (Please Specify)
Question No. 7
Do you think there is adequate awareness amongst copyright owners/users of copyrighted works about the ‘fair use’ doctrine in India?
Yes
No, but we are getting there
Not at all, there is a need for awareness about this doctrine amongst users
Question No. 8
What in your opinion is the proficiency level of professionals involved in litigation pertaining to fair dealing in copyright?
Very proficient - Most of them are experts in Intellectual Property Law
Proficient - Achieved proficiency through experience over the years
Not Proficient – general expertise without any specialized focus on Intellectual Property Rights.
mohd faseehuddin
02 October 2009 at 23:08
Respected sir,
I am owner/resident of apartment. the owner constructed a flat without mch sanction in the area meant for parking i.e in the cellar which is 3+ feet from GL. he promised to demolish instead sold it to one book binder. the book binder creating day and night nauisens. he uses the common passage on right side of apartment as his own. on right there is a parking area lakhes of rs worth of cars are parked. about 4. he keeps the common passage door open day and night which gives assess to any authorized person to enter the parking area. there is no night watch man. how to restrict him. can as a secretary of apartment association lock the side gate as ask them to come and collect the key or let us have two set of keys one with me secretary and other with the unauthorized flat own.can we issue a notice through society reg. to cellar flat owner and law helps up warm regards. i cn more details if asked.. mfs202@hotmail.com
Gayathri Prajit
01 October 2009 at 16:24
Can a Pvt Ltd. company register copyright on Literary work authored by the Managing Director of the said Co. with the copyright office? In such case will the copyright be owned by the company or by the MD of the company?
Tarun Sheth
28 September 2009 at 21:08
Dear Sir
I have 2 room rental property under my company name.
Now I am trying to sell the company along with Business name.
Can the land ask for transfer charges?
The rental receipt will remain in the name it is issued today.
How do I inform the landlord that the new owners of this business are Mr. ______?
Pl advice and oblige.
Regards
Tarun Sheth
Suresh C Mishra
28 September 2009 at 14:58
Whether Judges of the Court in our country are bound by the provisions under this Act ( RTI ,2005 ? Whether they can be asked some questions about their property and assets and other Than related to the property etc.Process of appointment with regard to judge if there appears a suspicion or some thing else. Does this act not contempt of court ?
sneha
26 September 2009 at 16:18
What rights and benefit lies with the company who has obtained copyrights?
NAMRATA DONTUL
25 September 2009 at 15:33
(It is for software service provder to the banks)I want to add a clause in the service level agreements explaining the IP Rights and all rights are vested. My Company is registered under copyrights.
AMIT KARIA
16 September 2009 at 16:25
Hello,
I want to register the logo of my company & its name style as Trademark,
Please inform whether any agent is required to be employed and if yes, then how much do agents generally charge?
What time it takes to register the trademarks generally?
Waiting for your replies,
Thanks
Amit Kariariven
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